EEO-1 Reporting Requirements finalized and here's what you need to know.

Federal Law AlertEEO-1 Reporting Requirements Finalized

MAY 14, 2019

The EEO-1 filing debate has been resolved and the deadline is May 31, 2019. Filing needs have been clarified on what needs to be filed, but not everyone is required to do so.

EEO-1 Reporting Requirements Finalized

The hotly contested issue of what exactly needs to be filed for EEO-1 reporting this year has been resolved—at least for now. Pay data for both 2017 and 2018 must be reported to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. The data that has been required in years past is still due by May 31, 2019. An appeal of the latest decision has been filed, so it's possible that there could be yet another change to the requirements, but employers should plan to comply with these deadlines, as described below.

Does my business even need to file the EEO-1 report?

If you have fewer than 100 employees and no federal contracts, you are not subject to EEO-1 reporting requirements. Only two categories of employers need to submit EEO-1 data:

Organizations with 100 or more employees (excluding public primary and secondary schools, institutions of higher education, tribes, and tax-exempt private membership organizations);

Federal contractors with 50 or more employees, that also are prime or first-tier subcontractors with a contract worth $50,000 or more; or are a depository for US government funds in any amount; or are an issuing and paying agent for US Savings Bonds and Savings Notes.

What information do I need to report and by when?

The EEOC has divided the information it requires into two categories, referred to as components.

Component 1 data: This is the information that has always been required. It includes data about all employees by job category, race, ethnicity, and sex. Component 1 data for calendar year 2018 is due by May 31, 2019. The online survey application is open and available here. If you have never filed the EEO-1 report before and believe you need to, start here.

Component 2 data: This is the newly required information. It includes data about all employees, including W-2 wages, total hours worked, race, ethnicity, and sex. This year employers will need to report Component 2 data for calendar years 2017 and 2018. Component 2 data is due by September 30, 2019. The online filing portal is not yet open, but expected to be available mid-July.

For both types of data, the preferred method of reporting is through the EEO-1 Survey Application, which generates a table for employers to provide the required information. Employers do not need to worry about creating and formatting a complicated report.